West Ridge Mews Articles of Incorporation and By-Laws

Maintenance of detailed books of account of the receipts and expenditures of the Association. The aforesaid books of account shall be audited when requested by the Board of Directors but not less than annually by an accountant and a statement reflecting the financial condition shall be prepared, The books of account and any supporting vouchers shall be made available for examination by a Unit Owner at convenient hours on working days that shall be established by the Board of Directors and announced for general knowledge.

Articles of Incorporation, Article IV "Purpose and Powers of the Association" (j)  (pg. 60)

The Board of Directors shall advise all Unit Owners promptly, in writing, of the amount of Common Expenses payable by each them respectively, as determined by the Board of Directors, as aforesaid and shall furnish copies of each budget on which such Common Expenses are based to all Unit Owners.

By-Laws, Article VI "Operation of the Property" Section 1 (pg. 76)

The Board of Directors shall keep detailed records of its actions, minutes of the meetings of the Board of Directors, minutes of the meetings of the Unit Owners and financial records and books of account of the Association, including a chronological listing of receipts and expenditures as well as a separate account for each Apartment Unit which, among other things, shall contain the amount of each assessment of Common Expenses against such Apartment Unit the date when due, the amounts paid thereon and the balance remaining unpaid. An annual report of the receipts and expenditures of the Association certified by an independent certified public accountant shall be rendered by the Board of Directors to all Unit Owners and to all mortgagees of Apartment Units who have requested the same, promptly after the end of each fiscal year.

By-Laws, Article VIII "Records" Section 1 "Records and Audit" (pg. 87)

New Jersey State Law

The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall be common expenses:

(g) The maintenance of accounting records, in accordance with generally accepted accounting

principles, open to inspection at reasonable times by unit owners. Such records shall include:

(i) A record of all receipts and expenditures.

(ii) An account for each unit setting forth any shares of common expenses or other charges due,

the due dates thereof, the present balance due, and any interest in common surplus.

Condominium Act,  N.J. Stat. § 46:8B-14(g) (pg.54)

Additional Resources: Department of Community Affairs (DCA)
Access to Financial Records Guide for owners in common interest community (pg.7)

West Ridge Mews Articles of Incorporation and By-Laws

Anything in the By-Laws or else here to the contrary notwithstanding, the Board of Directors shall not have the authority, except in the case of an extreme emergency, without the consent of the Unit Owners being a majority of the members in the Association to expend in excess of $2,500.00, on any item of expense in any year which is not specified in, or if specified, over the amount indicated for such item in, the aforesaid budget for such year.

Articles of Incorporation, Article IV "Purpose and Powers of the Association" Paragraph (c) (pg. 59)

Anything in these By-Laws to the contrary notwithstanding, the Board of Directors shall not have the authority to incur any liability. or expend any funds in behalf of the Unit Owners or the Association in respect of capital improvements pro- poses to be made (whether or not so designated on the books of the Association) in excess of $2,500.00 in any fiscal year of the Association, without, in each instance, the prior authorization of the Unit Owners by the affirmative vote of 75% of the votes cast on the question at a meeting of Unit Owners at which a quorum shall be present.

By-Laws, Article IV "Board of Directors" Section 2 (pg. 69) and Article VI "Operations of the Property) Section 1 (pg.76-77)

New Jersey State Law

i. Working capital assessment funds may be used to pay for unforeseen, unanticipated expenses in lieu of a special assessment. The term "unforeseen or unanticipated expenses" means those expenses that could not be reasonably anticipated at the time the annual budget was adopted by the association board. Unforeseen or unanticipated expenses shall not include: expenses that are normal or customary for the association and are the purpose for which the budget was adopted; expenses for capital improvements, reserves, or repairs to items of defective construction; or a budget deficit or a deficit in the association funds resulting from a difference between the number of units, pursuant to N.J.A.C. 5:26-8.7, that the developer calculated would be closed during the year or the date by which such closings would occur and the number of units actually conveyed or the actual dates when closed.

N.J. Administrative Code § 5:26-8.6 (pg.73)

New Jersey State Law

§ 45:22A-44.2. Planned real estate development, association, capital reserve study, anticipated costs, replacement, repair, common interest community; standards, credentials 

a. Any association of a planned real estate development shall undertake and fund a capital reserve study which shall determine or assess the adequacy of the association’s capital reserve funds to meet the anticipated costs of replacement or repair of the capital assets of a common interest community that the association is obligated to maintain. All capital reserve studies shall be prepared in conformity with the latest edition of the National Reserve Study Standards of the Community Associations Institute or similar standards by another recognized national organization. A capital reserve study conducted pursuant to this section shall be performed or overseen by a reserve specialist who is credentialed through the Community Associations Institute or an engineer or architect who is licensed by the State and shall include, but be not limited to, the following: 

(1) the association’s capital reserve fund balances; 

(2) the association’s anticipated income and expenses; 

(3) an analysis of the physical status and of the common area components of the buildings and other common areas that the association is obligated to maintain; 

(4) the anticipated costs associated with the building maintenance, as well as the anticipated costs of repair or replacement of common area building components, which are necessary to maintain the structural integrity of the buildings and other common area components that the association is obligated to maintain;

(5) a reasonable estimate of the cost of: 

(a) future reserve studies; 

(b) reserve study updates; and 

(c) periodic structural inspections required pursuant to section 3 of P.L.2023, c.214 (C.52:27D132.4); 

(6) a reasonable estimate of the costs associated with implementing any corrective maintenance deemed necessary pursuant to section 3 of P.L.2023, c.214 (C.52:27D-132.4); 

(7) a proposed 30-year funding plan, as described in section 7 of P.L.2023, c.214 (C.45:22A-44.3) that establishes the adequate proposed capital reserve funding over a 30-year time period; and 

(8) any other information necessary to perform an analysis of the adequacy of the association’s capital reserve funds relative to maintaining the structural integrity of buildings and common areas which the association is obligated to maintain. 

Planned Real Estate Development Full Disclosure Act, N.J. Stat. § 45:22A-44.2 (pg.85)

§ 45:22A-44.3. Planned real estate development, association, reserve study, 30-year funding plan, repair, replace capital assets, common elements, facilities; special assessment, loans 

a. An association of a planned real estate development shall obtain a reserve study including a 30-year funding plan in order to ensure that the association has adequate reserve funds available to repair or replace the capital assets located on the common elements and facilities that the association is obligated to maintain without need to create a special assessment or loan obligation, except that in those cases in which a capital asset reaches the end of its established useful life earlier than predicted by the reserve study, nothing herein is intended to prevent the imposition of a special assessment or obtaining a loan. These reserve funds shall be used for the repair or replacement of components that have reached the end of their established useful life as set forth in the most recent reserve study undertaken pursuant to section 6 of P.L.2023, c.214 (C.45:22A-44.2). 

b. When an expenditure of the reserve funds is required to repair or replace a component pursuant to subsection a. of this section, the association shall use only the amount of reserve funds allocated by the reserve study to make such repair or replacement, unless: 

(1) the use of such additional funds from the reserve fund is not reasonably anticipated to prevent or interfere with the ability of the association to undertake additional repairs or replacements in the five years subsequent to the additional expenditure; and 

(2) the association’s executive board adopts a written resolution requiring that the expenditure of these additional funds shall be recovered within the following five fiscal years. 

c. If an association existing as of the effective date [Jan. 8, 2024] of P.L.2023, c.214 (C.52:27D-132.2 et al.) does not have an adequate reserve fund as described in subsection a. of this section, and the increase in the association’s budget line item for reserve funding to render it adequate as set forth in the reserve study would, without reference to any other budget line item adjustments, require an increase of more than 10 percent of the previous year’s common expense assessment, the deficiency shall be made adequate within the earlier of the following 10 fiscal years, or the projected date predicted by the reserve study by which absent increased funding, the balance in the association’s reserve account would fall below zero. In either case, the annual increase in reserve funding during the required period of time shall be an equal annual line item increase in the reserve fund until the reserve fund is made adequate, notwithstanding causing an increase of more than 10 percent in the annual common expense assessment. 

d. If an association existing as of the effective date of P.L.2023, c.214 (C.52:27D-132.2 et al.) does not have an adequate reserve fund as described in subsection a. of this section, and the increase in the association’s budget line item for reserve funding to render it in conformity with the reserve study would, without reference to any other item adjustments, require an increase of less than 10 percent of the previous year’s common expense assessment, the deficiency shall be made adequate within the following two fiscal years. 

Planned Real Estate Development Full Disclosure Act, N.J. Stat. § 45:22A-44.3 (pg.87)

West Ridge Mews By-Laws

The Association shall have the right to make or cause to be made such alterations and improvements to the Common Elements (which do not adversely prejudice the right of any Unit Owner unless his written consent has been obtained) provided the making of such alterations and improvements is first authorized by the Board of Directors of the Association and approved by not less than a majority of the Unit Owners The cost of such alterations and improvements shall be assessed as Common Expenses, unless in the judgment of not less than 70% of the Board of Directors, the same are exclusively or substantially exclusive: for the benefit of the Unit Owners requesting the same in which case such requesting Owners shall be assessed therefore in such proportion as they approve jointly and failing such approval, in such proportion as may be determined by the Board of Directors.

By-Laws, Article VII "Operation of the Property" Section 11 "Additions, Alterations, or Improvements" (i) (pg. 85)

West Ridge Mews Master Deed and By-Laws

The provisions of the Master Deed may be amended from time to time upon the adoption of such amendment or amendments by the Association pursuant to a resolution or written consent approving such amendment or amendments adopted or given by unit owners owning not less than seventy-five (75%) percent in the aggregate of the total ownership interest in the common elements; provided, however, if the Act or this Master Deed shall require the consent or agreement of all unit owners or of all lien holders for any action specified in the Act or in the Master Deed then any amendment or amendments with respect to such action shall require unanimous consent or agreement as may be provided in the Act or in this Master Deed.

Master Deed, Article XII "Amendments"(22) (pg. 131)

Except as hereinafter provided otherwise, these By-Laws may be modified or amended by the affirmative vote of at least 75% of all shares of unit owners (whether or not present) at a meeting of the unit owners duly held for such purpose. Modifications and amendments shall be recorded with the Office of the Clerk of Bergen County in order for the same to be valid and operative. Once the Sponsor turns over control of the Board of Directors to the unit owners pursuant to this plan, the unit owners shall not undertake any action or By-Law change to the detriment of the Sponsor.

By-Laws, Article XII "Amendments to By-Laws" Section 1 (pg. 89)

New Jersey State Law

An executive board shall not amend the bylaws of an association without a vote of the association members open to all association members, as provided in the association's bylaws, or where the bylaws provide for no method of their amendment by a vote of the association members, or only allow association members to amend the bylaws through a majority vote exceeding a two-thirds majority, then an association shall only amend the bylaws pursuant to paragraph (2) of this subsection, except an executive board may amend the bylaws under the following circumstances: 

(a) to the extent necessary to render the bylaws consistent with State, federal or local law; or 

(b) after providing notice to all association members of the proposed amendment, which notice shall include a ballot to reject the proposed amendment. Other than an amendment to render the bylaws consistent with State, federal, or local law, if at least 10 percent of association members vote to reject the amendment within 30 days of its mailing, the amendment shall be deemed defeated. 

Planned Real Estate Development Full Disclosure Act, N.J. Stat. § 45:22A-46(5) (pg.101)

The bylaws shall detail the method in which the bylaws may be Adopted.

N.J. Administrative Code § 5:26-8.13(a) (pg.92)

An executive board shall not amend the bylaws of an association without a vote of the association members open to all association members, as provided in the association's bylaws, or where the bylaws provide for no method of their amendment by a vote of the association members, or only allow association members to amend the bylaws through a majority vote exceeding a two-thirds majority, then an association shall only amend the bylaws pursuant to paragraph (2) of this subsection, except an executive board may amend the bylaws under the following circumstances:

(a) to the extent necessary to render the bylaws consistent with State, federal or local law; or

(b) after providing notice to all association members of the proposed amendment, which notice shall include a ballot to reject the proposed amendment. Other than an amendment to render the bylaws consistent with State, federal, or local law, if at least 10 percent of association members vote to reject the amendment within 30 days of its mailing, the amendment shall be deemed defeated.

Planned Real Estate Development Full Disclosure Act, N.J. Stat. § 45:22A-46(5) (pg.101)

The master deed may be amended or supplemented in the manner set forth therein. Unless otherwise provided therein, no amendment shall change a unit unless the owner of record thereof and the holders of record of any liens thereon shall join in the execution of the amendment or execute a consent thereto with the formalities of a deed. Notwithstanding any other provision of this act or the master deed, the designation of the agent for service of process named in the master deed may be changed by an instrument executed by the association and recorded in the same office as the master deed.

Condominium Act,  N.J. Stat. § 46:8B-11 (pg.35)

West Ridge Mews Articles of Incorporation and By-Laws

(f) Adoption and amendment of rules and regulations covering the operation and use of the Common Elements.

Articles of Incorporation, Article IV "Purpose and Powers of the Association" (pg. 60)

(e) Adoption and amendment of rules and regulations covering the operation and use of the Property.

By-Laws, Article IV Board of Directors Section 2 "Powers and Duties" pg.69

Rules and regulations concerning the use of Apartment Units and the Common Elements may be promulgated and amended by the Association with the approval of a majority of the Unit Owners. Copies of such rules and regulations shall be furnished by the Association to each Unit Owner.

By-Laws, Article VI "Operation of the Property" Section 12 "Rules of Conduct" (pg. 85)

New Jersey State Law

(k) An association shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. A person other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute. A unit owner may notify the Commissioner of Community Affairs if an association does not comply with this subsection. The commissioner shall have the power to order the association to provide a fair and efficient procedure for the resolution of disputes.

Condominium Act,  N.J. Stat. § 46:8B-14 9 (k)(pg.55)

c. The association shall provide a fair and efficient procedure for the resolution of disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation.”

Planned Real Estate Development Full Disclosure Act, N.J. Stat. § 45:22A-44(c) (pg.77)

(c) The association shall provide a fair and efficient procedure for the resolution of disputes between individual unit owners and the association, and between different unit owners, that shall be readily available as an alternative to litigation.” 

N.J. Administrative Code § 5:26-8.2 (c) (pg.67)

Additional Resources: Department of Community Affairs (DCA)
Alternative Dispute Resolution Guide for owners in common interest community (pg.2). 

House Rules

V. Enforcement of the House Rules by the Board of Directors

The Board of Directors shall have the power to levy fines against any unit owner(s) for any violation(s) of any rule or regulation of the Association, or for any covenants or restrictions contained in the Master Deed or by-laws, except that no fine may be levied for more than $25.00 for any one violation; provided, however, that for each day a violation continues after notice it shall be enforced against any Unit Owner(s) as if the fine were an Assessment. Notwithstanding the foregoing, before any fine is imposed by the Board, the Unit Owner(s) shall be given at least ten (10) days prior written notice and afforded an opportunity to be heard, with or without counsel, with respect to the violation(s) asserted.

"House Rules" (pg. 5)

New Jersey State Law

(f) If authorized by the master deed or bylaws, the association may impose reasonable fines upon unit owners for failure to comply with provisions of the master deed, bylaws or rules and regulations, subject to the following provisions: 

A fine for a violation or a continuing violation of the master deed, bylaws or rules and regulations shall not exceed the maximum monetary penalty permitted to be imposed for a violation or a continuing violation under section 19 of the “Hotel and Multiple Dwelling Law,” P.L.1967, c.76 (C.55:13A-19). 

On roads or streets with respect to which Title 39 of the Revised Statutes is in effect under section 1 of P.L.1945, c.284 (C.39:5A-1), an association may not impose fines for moving automobile violations. 

A fine shall not be imposed unless the unit owner is given written notice of the action taken and of the alleged basis for the action, and is advised of the right to participate in a dispute resolution procedure in accordance with subsection (k) of section 14 of P.L.1969, c.257 (C.46:8B-14). A unit owner who does not believe that the dispute resolution procedure has satisfactorily resolved the matter shall not be prevented from seeking a judicial remedy in a court of competent jurisdiction. 

Condominium Act  N.J. Stat. § 46:8B-15(f) (pg.63)

West Ridge Mews By-Laws

NOTICE OF MEETING: Notice of meetings of the Unit Owners shall be in writing. Notice of the meetings other than the annual meeting shall indicate and state that it is being issued by or at the direction of the person or persons calling the meeting. Such notice shall be mailed or delivered not less than ten (10) or more than ninety (90) days prior to the date of the meeting.

By-Laws, Article III "Meetings of Unit Owners" Section 4 (pg. 65)

ORGANIZATIONAL MEETING: The first meeting of the members of the Board of Directors following the first annual meeting of the Unit Owners shall be held within ten (10) days thereafter at such time and place as shall be fixed by the Unit Owners at the first organizational meeting at which such Board of Directors shall have been elected and no notice shall be necessary to the newly elected members of the Board of Directors in order legally to constitute such meeting, providing a majority of the whole Board of Directors shall be present thereat.

By-Laws, Article IV "Board of Directors" Section 8 (pg. 72)

REGULAR MEETINGS: Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the members of the Board of Directors, but at least two such meetings shall be held during each fiscal year of the Association. Notice of regular meetings of the Board of Directors shall be given to each member of the Board of Directors by mail or telegraph at least three (3) business days prior to the day designated for such meeting.

By-Laws, Article IV "Board of Directors" Section 8 (pg. 73)

New Jersey State Law

a. A requirement that all meetings of the executive board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all association members, and voting-eligible tenants where applicable, and adequate notice of any such meeting shall be given to all association members, and voting-eligible tenants where applicable, in such manner as the bylaws shall prescribe; except that the executive board may exclude or restrict attendance at those meetings, or portions of meetings, dealing with (1) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; (2) any pending or anticipated litigation or contract negotiations; (3) any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer, or (4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association. At each meeting required under this subsection to be open to all association members, and voting eligible tenants where applicable, the participation of unit association members, and voting-eligible tenants where applicable, in the proceedings or the provision of a public comment session shall be at the discretion of the executive board, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all association members, and voting-eligible tenants where applicable, before the next open meeting. 

Planned Real Estate Development Full Disclosure Act, N.J. Stat. § 45:22A-46(a) (pg.100)

[...]all meetings of that governing board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all unit owners, and adequate notice of any such meeting shall be given to all unit owners in such manner as the bylaws shall prescribe; except that the governing board may exclude or restrict attendance at those meetings, or portions of meetings, dealing with (1) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; (2) any pending or anticipated litigation or contract negotiations; (3) any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer; or (4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association. At each meeting required under this subsection to be open to all unit owners, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all unit owners before the next open meeting.

Condominium Act,  N.J. Stat. § 46:8B-13 (a) (pg.49)

(d) All meetings of the association that are required by law to be open to all unit owners shall be held at a location within the development or, if there is no suitable meeting room within the development, at a suitable meeting room either elsewhere in the municipality in which the development is located or in an adjoining municipality.

1. A meeting room shall not be deemed to be suitable if it is not large enough to accommodate a reasonable number of unit owners who might wish to attend an open meeting.

N.J. Administrative Code § 5:26-8.2 (d)(pg.67)

(a) The bylaws of the association shall include a requirement that meetings of the executive board where a binding vote of the executive board is to be taken shall be open to attendance by all association members and voting-eligible tenants, as applicable.

1. A binding vote is a vote made with a quorum of the executive board members present.

2. The board shall provide a brief explanation of the basis for and cost entailed in the matter that is the subject of any binding vote and include the explanation in the minutes for the meeting.

3. Associations may adopt a policy for comments by association members and voting eligible tenants during meetings. Such policy shall be applied uniformly.

(b) The association shall hold an annual meeting. Within seven days following the annual association meeting, the association shall post, and maintain posted throughout the year, an open meeting schedule of the executive board.

1. Such open meeting schedule shall be posted at the place or places at which notices are posted pursuant to (c) below and filed with the board member designated for administering association business.

2. The open meeting schedule shall contain the time, date, and locations of such meetings.

3. Notwithstanding a meeting cancellation pursuant to (h) below, any changes to the posted open meeting schedule shall be made at least seven days prior to the scheduled date and posted and maintained in the same manner as the original schedule.

(c) In addition to the posted open meeting schedule, adequate notice of at least seven days prior to any such meeting shall be given to all association members and voting eligible tenants, as applicable.

1. Such notice shall be provided as follows:

i. The notice shall be prominently posted in at least one place on the property that is accessible to all owners at all times;

ii. The notice shall be posted on the association's website and included in any association newsletter; or

iii. The notice shall be personally provided to each member or designee by mail, hand-delivery, or electronic means.

2. The notice shall be filed with the board member designated as responsible for administering association business. It shall be maintained by the executive board for a period of two years.

3. The notice shall include the following details:

i. The time, date, and location of the meeting;

ii. Agenda items to the extent known, which shall include items for discussion, items for action, and reoccurring items, such as passage of a budget.

N.J. Administrative Code § 5:26-8.12(pg.89)

Additional Resources: Department of Community Affairs (DCA)
Open meetings guide for owners in common interest community (pg.5). 

West Ridge Mews By-Laws

65

The first annual meeting of the Unit Owners shall be held at 8 o'clock P.M. on the first Monday of the twelfth month following the recordation of the Master Deed on , as aforesaid Thereafter an annual meeting of the Unit Owners shall be held on the first Monday of said month or in the event that day is a holiday on the first day thereafter which is not a legal holiday in each succeeding year.

The first meeting shall be held at 8P.M. on the first Monday of the twelfth month following 10/14/1981. Thereafter an annual meeting shall be held on the first Monday of said month or in the event that day is a holiday on the first day thereafter which is not a legal holiday in each succeeding year.

By-Laws, Article III "Meetings of Unit Owners" Section 1 (pg. 65)

The order of business at the annual meeting of the Unit Owners shall be as follows:

(a) Roll Call
(b) Proof of Notice of Meeting
(c) Reading of Minutes of Preceding Meetings
(d) Reports of Officers
(e) Report of Board of Directors
(f) Reports of Committees (if any)
(g) Appointment of inspectors of election
(h) Election of Members of the Board of Directors
(i) Unfinished Business
(j) New Business
(k) Adjournment

By-Laws, Article III "Meetings of Unit Owners" Section 12 "Order of Business" (pg. 67)

New Jersey State Law

(b) The association shall hold an annual meeting. Within seven days following the annual association meeting, the association shall post, and maintain posted throughout the year, an open meeting schedule of the executive board.

1. Such open meeting schedule shall be posted at the place or places at which notices are posted pursuant to (c) below and filed with the board member designated for administering association business.

2. The open meeting schedule shall contain the time, date, and locations of such meetings.

3. Notwithstanding a meeting cancellation pursuant to (h) below, any changes to the posted open meeting schedule shall be made at least seven days prior to the scheduled date and posted and maintained in the same manner as the original schedule.

N.J. Administrative Code § 5:26-8.12 (b) (pg.89)

Any election meeting held by the executive board shall require both a notice calling for nominations and a notice of election.

N.J. Administrative Code § 5:26-8.9 (I)(1)(pg.84)

• Department of Community Affairs: Association Regulation Initiative 

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• Community Association Institute - New Jersey Chapter

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